House of Lords Journal Volume 21: November 1721

November 1721

DIE Jovis; 2^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp of Norwich takes the Oaths.

This Day Thomas Lord Bishop of Norwich came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

L. Clinton takes the Oaths.

Also, Hugh Lord Clinton came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Foley versus Attorney General & al.

The House being moved, "That Edward Gilmore Gentleman may be permitted to enter into a Recognizance for William Foley Esquire, an Infant, by Robert Foley Esquire his Guardian, on Account of his Appeal depending in this House, to which His Majesty's Attorney General, at the Relation of Richard Bate Clerk and others, are Respondents; the Appellant residing at a great Distance from London:"

Gilmore to enter into Recognizance.

It is Ordered, That the said Edward Gilmore may enter into a Recognizance for the said Appellant, as desired.

Standing Orders relating to Appeals, to be considered.

A Motion being made, "That a Day may be appointed, to take into Consideration the Standing Order of this House, of the Thirteenth of July 1678, which limits the Times for presenting Appeals; as also Two other Standing Orders, of the Fifth of April 1720, requiring all Appeals to be prosecuted the Beginning of every Session or Meeting of Parliament:"

And the said Orders being read:

It is Ordered, That this House will, on Monday next, take into Consideration the said Standing Orders, in respect of declaring the Sense of the House as to the several Times by the said Orders respectively limited; and the Lords to be summoned.

Bryan versus Woolley & Ux.

Upon reading the Petition of James Bryan Esquire, Appellant in a Cause depending in this House, to which Benjamin Woolley Esquire and Mary his Wife are Respondents; praying, "In regard the Petitioner's Residence is in Ireland, that the Recognizance of Redmond Everard, of St. Andrew's Holbourn, Gentleman, may be taken, in Lieu of the Petitioner's, to answer the Payment of Costs, if any shall be awarded, on hearing the said Appeal:"

Everard to enter into Recognizance.

It is Ordered, That the said Redmond Everard may enter into a Recognizance for the said Appellant, according to the Prayer of the said Petition; and that Notice of this Order be forthwith given to the said Respondents.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, sextum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Lunæ, 6^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Falconer versus College, &c. of Aberdeen:

The House being moved, "That Alexander Hamilton Gentleman may be permitted to enter into a Recognizance for David Falconer of Newton Esquire, on Account of his Appeal depending in this House, to which the Principal and Masters of King's College, and the Provost, Bailiffs, and Council of Aberdeen, and their Treasurer for the Time being, are Respondents; the Appellant residing in Scotland:"

Hamilton to enter into a Recognizance.

It is Ordered, That the said Alexander Hamilton may enter into a Recognizance for the said Appellant, as desired.

Allardes versus Smart & al.

Upon reading the Petition and Appeal of John Allardes Merchant; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Sixteenth of February and Fourteenth of July 1720, and the Eleventh of January last, made on the Behalf of Jane Smart and her Children; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jane Smart and her Children may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Fourth Day of December next.

Message from H.C. with a Bill.

A Message from the House of Commons, by Mr. London and others:

With a Bill, intituled, "An Act for naturalizing Auguste Tabuteau and Joseph Murat;" to which they desire the Concurrence of this House.

Dagenham Breach, Accompt of, delivered.

The House being informed, "That a Person from the Trustees appointed by an Act of Parliament passed in the Twelfth Year of the Reign of Her late Majesty, for stopping the Breach in The Levels of Havering and Dagenham, in the County of Essex, was attending at the Door:"

He was called in; and Mr. David Le Gros, Secretary to the said Trustees, presented to the House, pursuant to a Clause in the said Act, a Paper, intituled, "Accompt of the Treasurer to the Trustees for Dagenham Breach, from Michaelmas 1720 to Michaelmas 1721."

And then he withdrew.

And the said Title was read,

Standing Orders relating to Appeals, considered.

The House (according to Order) proceeded to take into Consideration the Standing Order of the Thirteenth of July 1678, which limits the Times for presenting Appeals; as also Two other Standing Orders, of the Fifth of April 1720, requiring all Appeals to be prosecuted within a Time limited after the Beginning of every Session or Meeting of Parliament.

And the said Orders being read:

It is Ordered and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Times for presenting Appeals to this House, in the First of the said Orders mentioned, are meant of so many Days next ensuing the First Day of every Session or Meeting of Parliament, or next ensuing the Time of making and entering the Decrees appealed from, and not of Sitting Days; and that the Eight Days limited by the said Orders of the Fifth of April 1720, for applying to the House for a Day of Hearing, or a peremptory Day to answer, and the Eight Days for putting in the Respondents Answer, are meant of so many Days next ensuing the First Day of every Session or Meeting of Parliament, and not of Sitting Days.

Addison's Pet. referred to Judges.

Upon reading the Petition of George Addison Gentleman, on the Behalf of himself and John Addison Esquire his Elder Brother, a Lunatic; setting forth, "That, in March last, the Petitioner applied to this House, by Petition, for Leave to bring in a Bill, for Sale of the said Lunatic's Estate, for Payment of his Debts; which Petition was referred to the Consideration of the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Eyre; who summoned and heard all Parties, and reported the State of the Petitioner's Case, with their Opinion, "That the Bill desired was both reasonable and necessary:" That, Leave being given to bring in such Bill, the same was brought in accordingly; and read Twice, and committed; but, by reason 'twas apprehended there would not be sufficient Time in the Session for the passing thereof, no further Proceeding was had therein;" and praying, that the same Bill may be brought in, and proceeded on; there having no Alteration since happened in the Nature or Circumstance of the Petitioner's Case."

And thereupon an Order of this House, of the First of December 1707, upon the Petition of Mr. Caldecot, for Leave to bring in a Bill, being read:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Matter of this Petition be, and is hereby, referred to the same Judges who made the former Report; to consider thereof, and report their Opinion thereupon to the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 9^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Attorney General & al. versus Sutton and Paman.

The Answer of John Sutton, One of the Respondents to the Petition and Appeal of Thomas Folkes and Charles Battely Esquires, Appellants as Relators to the Attorney General, was brought in Yesterday.

Call of the House adjourned:

This Day being appointed, for the House to be called over:

A Motion was made, "That the said Call be adjourned."

And the Question being put, "Whether the House shall be called over on this Day Sevennight?"

It was Resolved in the Negative.

Ordered, That the House be called over on Thursday the Three and Twentieth Day of this Instant November.

Bp. of Durham takes the Oaths.

This Day William Lord Bishop of Durham came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

King's Speech to be considered.

Ordered, That this House will, on Monday next, take into Consideration His Majesty's most Gracious Speech from the Throne; and the Lords to be summoned.

Russell & al. Pet. referred to Judges.

Upon reading the Petition of William Russell Senior and Anstice his Wife, William Russell Junior their Eldest Son and Heir, John Russell their Second Son, Nathaniel Ball and Mary his Wife, which said Mary hath an Annuity, or Rent-charge, issuing out of the Lands in the Petition mentioned, George Edwards and Mary his Wife, William Wright and Anstice his Wife, the Daughters of William Russell Senior and Anstice his Wife, in Behalf of themselves, and of Joseph and Robert Russell, Infants, Sons of the said William Russell Senior and Anstice his Wife; praying Leave to bring in a Bill, for Sale of a Messuage, and divers Closes and Lands, in the Parish of Hitchenden, in the County of Bucks, for Payment of the Debts of the said William Russell Senior, and for making Provision for his Children:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Dormer and Mr. Justice Eyre; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Bp. of Norwich to preach on the Fastday.

Ordered, That the Lord Bishop of Norwich be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, upon Friday the Eighth Day of December next, being appointed by His Majesty's Royal Proclamation for a Day of Fasting and Humiliation.

Yale versus Regem.

The Lord Chief Baron of the Court of Exchequer, in the usual Manner, brought up the Transcript of the Record, upon a Writ of Error,

Wherein Katherine Yale is Plaintiff, and the King Defendant.

Kither's Pet. concerning Black Rod's Fees:

Upon reading the Petition of John Kither; setting forth, "That the Petitioner, by Order of this House of the Eleventh of March last, was taken into Custody of the Gentleman Usher of the Black Rod, for a Breach of Privilege, in arresting the Earl of Dunbarton, a Peer of Great Britain; for which Offence, the Petitioner was kept in close Custody One and Twenty Days; and was afterwards, upon his humble Submission, discharged, paying his Fees; that, the Petitioner not being able to pay the same, the said Gentleman Usher hath brought his Action in the Court of Common Pleas for the Recovery thereof, to which the Petitioner is obliged to put in Bail; which, by Reason of his Poverty, he is unable to do;" and praying, "That their Lordships will take the Petitioner's unhappy Case into Consideration, and grant him such Redress as shall seem most just:"

Rejected.

It is Ordered, That the said Petition be rejected.

Tabuteau and Murat, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Auguste Tabuteau and Joseph Murat."

Camp & al. to be added to Nat. Bill.

A Petition of Philip David Camp, John Boissier, and Gaspard Sellon; praying to be added to the Bill now depending, intituled, "An Act for naturalizing Auguste Tabuteau and Joseph Murat," was presented to the House, and read.

And ordered to lie on the Table, till the said Bill be read a Second Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum tertium diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Lunæ, 13^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Camp & al. take the Oaths.

This Day, Philip David Camp, John Boissier, and Gaspard Sellon, took the Oaths appointed, in order to their Naturalization.

Costigan versus Hickey:

Upon reading the Petition of Thomas Cole Gentleman, Agent for Daniel Costigan; setting forth, "That the Petitioner, the last Session of Parliament, lodged an Appeal from a Decree of the Court of Chancery in Ireland, made in Favour of John Hickey, and obtained an Order for the said Hickie to put in his Answer thereunto; that, since the last Prorogation, the said Respondent is dead, by whose Death the Petitioner conceives the said Cause is abated; therefore could not proceed therein, pursuant to the Standing Order of this House; that, the Petitioner being now informed one James Allen is become the Administrator of the said Hickie, the Petitioner humbly prays, that he may be at Liberty to amend the said Appeal, by making the said James Allen a Party to the same; and that the said Administrator may be ordered to put in his Answer to the said Appeal by a Time to be limited for that Purpose:"

To amend Appeal.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner be, and is hereby, at Liberty to amend the said Appeal, by making the said James Allen, the Administrator of the said John Hickie, a Party to the same, according to the Prayer of the said Petition.

Bp. of Hereford takes the Oaths.

This Day Benjamin Lord Bishop of Hereford came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Godfrey and others:

With a Bill, intituled, "An Act for naturalizing Jeanne Coltee Du Carel, Charles Joseph Guillaumot De la Bergerie, and John Martin Stehelin;" to which they desire the Concurrence of this House.

Bond, Leave for a Bill.

Upon reading the Petition of John Bond Esquire; praying Leave to bring in a Bill, for uniting and consolidating the respective Parish Churches of Stypul, alias Steeple, and Tyneham, within the Isle of Purbeck, and County of Dorset; and that both the said Churches may for the future be filled by one and the same Incumbent:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Newton & al. Pet. referred to Judges.

Upon reading the Petition of Mary Newton, Widow and Relict of John Newton Esquire, lately deceased, Elizabeth and Margaret Newton, Infants, Daughters and Coheirs of the said John Newton, by the said Mary their Mother and Guardian; as also of William Clobery and Samuel Wotton Esquires, Trustees named in the Marriage Settlement of the said John Newton; praying Leave to bring in a Bill, to enable the Infants, or Trustees (notwithstanding the Minority of the said Infants), to grant Leases for Lives, or any Number of Years determinable on Lives, of such Parts of the Petitioner's Estate, in the County of Devon, as have been usually leased under the ancient Rents and Services, and such other Conditions or Restrictions as may be thought meet:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Price; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

King's Speech considered.

The House (according to Order) proceeded to take into Consideration His Majesty's most Gracious Speech from the Throne.

And the same being read:

Motion for taking into Consideration the State of the Navy Debt:

A Motion was made, "That this House do, on Friday next, take into Consideration the Causes of contracting so large a Navy Debt, and the best Methods of preventing the contracting the like Debt for the future."

And a Question being stated thereupon:

It was proposed, "To leave out the Words following; (videlicet,) ["and the best Methods of preventing the contracting the like Debt for the future"]."

After Debate;

The Question was put, "Whether these Words ["and the best Methods of preventing the contracting the like Debt for the future"], shall stand Part of the Question?"

It was Resolved in the Negative.

Protest against omitting some Words in it.

"Dissentient.

"1. Because, the principal End of all Parliamentary Inquiries into Mismanagements being to prevent the like for the future, we thought it more agreeable to the Candour and Honour of the House, to express it plainly in the Question itself, than leave it to be implied only: And the rather, because it seemed to us, the Words left out clearly imported that nothing Personal was in View, but the Public Good only; which we thought would rather have given Satisfaction to the Minds of every Noble Lord, than the contrary.

"2. When the Words now ordered to be left out were, for the Reason given, so properly and naturally, as we conceive, made a Part of the Question; we could not but apprehend that the laying them aside, on Debate, might create a Suspicion, though unjust, that this House did not intend to prevent, if possible, the contracting a large and inconvenient Navy Debt for the future.

3. His Majesty having, in His Speech from the Throne, observed the ill Consequences that arise from such a large Debt remaining unprovided for; we thought it very proper, if not necessary, in the Resolution taken to enter into the Consideration of that Debt, to express a Desire of preventing the like inconvenient Debt being contracted for the future; and that the doing so did not at all prejudge the Causes of contracting the present great Navy Debt; for, however necessarily or justifiably an inconvenient Thing might have once happened, yet we think it ought (if it can) to be prevented from happening so again.

4. His Majesty having likewise observed, in His Speech from the Throne, that this Part of the National Debt is, of all others, the most heavy and burdensome; and having set forth the Mischiefs arising from the high Discount on the Navy and Victualing Bills; we thought ourselves sufficiently warranted to express a Desire to consider of the best Methods of preventing the like most heavy and burdensome Debt, whatever the Causes of contracting the present Debt shall on Inquiry appear to be; and this the rather, because the like Navy Debt can bring no Manner of Benefit either to the Public or to any private Person, but to such as, by foreseeing when it is to be either discharged or provided for, may make an excessive Advantage to themselves, by buying up the said Bills while under a very high Discount.

W. Ebor.
Scarsdale.
Wharton.
Salisbury.
North & Grey.
Abfrdeen.
Strafford.
Bristol.
Guilford.
Boyle.
Ashburnham.
Cowper.
Bathurst.
F. Roffen.
Bingley.
Trevor.
Aylesford."

Navy Debt to be considered.

Ordered, That this House will, upon Friday next, take into Consideration the Causes of contracting so large a Navy Debt.

King's Speech to be further considered.

Ordered, That this House will, upon Wednesday next, take into further Consideration His Majesty's most Gracious Speech from the Throne; and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 15^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Foley versus Attorney General et al.

The Answer of Sir Robert Raymond Knight His Majesty's Attorney General, Richard Bate Clerk, and others, to the Petition and Appeal of William Foley Esquire, an Infant, by Robert Foley Esquire, his Guardian, was brought in Yesterday.

E. of Macclesfield, Lord Chancellor, introduced.

The Lord Viscount Townshend signified to the House, "That His Majesty had been pleased to create Thomas Lord Parker, Lord High Chancellor of Great Britain, a Viscount and Earl of Great Britain."

Whereupon his Lordship, taking in his Hand the Purse with the Great Seal, retired to the lower End of the House; and, having there put on his Robes, was introduced, between the Earl of Lincoln and the Earl of Sunderland (also in their Robes); the Gentleman Usher of the Black Rod, and Garter King of Arms in his Coat of Arms carrying his Lordship's Patent (which he delivered to him at the Steps before the Throne), and the Earl of Yarmouth (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), preceding.

His Lordship laid down his Letters Patents upon the Chair of State, kneeling; and from thence took and delivered them to the Clerk; who read the same at the Table; which bear Date Decimo Quinto Die Novembris Octavo Georgti Regis.

His Writ of Summons was also read, as follows; (videlicet,)

His Writ of Summons.

"Georgius, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo & Consiliario Nostro Thomæ Comiti de Macclesfield, in Com. Palatin. Nostro Cestr. Salutem. Cum Parliamentum Nostrum, pro arduis et urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magnæ Britanniæ & Ecclesiæ concernentibus, apud Civitatem Nostram Westm. nunc congregatum existit; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, No biscum, ac cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

Teste Meipso, apud Westm. Decimo Quinto Die Novembris, Anno Regni Nostri Octavo.

Wrighte."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench; and from thence went to the upper End of the same Bench, and sat there as Lord Chancellor; and then his Lordship returned to the Woolsack.

The House was adjourned during Pleasure.

The House was resumed.

Foley versus Attorney General et al.;

The House being moved, on the Behalf of William Foley Esquire, an Infant, by Robert Foley Esquire his Guardian, Appellant in a Cause depending in this House, to which Sir Robert Raymond Knight His Majesty's Attorney General, Richard Bate Clerk, and others, are Respondents, "That a Day may be appointed; for hearing thereof:"

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-ninth Day of this Instant November, at Eleven a Clock.

Steeple and Tyncham to unite, Bill.

Hodie 1^a vice lecta est Billa; intituled; "An Act for uniting and consolidating the Parish Churches of Stypul, alias Steeple, and Tyneham, within the Isle of Purbeck, in the County of Dorset."

Costigan versus Allen.

The House being informed, "That Thomas Cole Gentleman, Agent for Daniel Costigan, Appellant in a Cause depending in this House, has, pursuant to their Lordships Order of Monday last, amended the said Appeal, by making James Allen, the Administrator of John Hickie the original Respondent, a Party thereunto:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Allen may have a Copy of the said Appeal so amended; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Twentieth Day of December next.

Allardes versus Smart et al.

The House being moved, "That William Hoar of Limehouse Gentleman may be permitted to enter into a Recognizance for John Allardes Merchant, on account of his Appeal, to which Jane Smart and her Children are Respondents; the Appellant residing in Scotland:"

It is Ordered, That the said William Hoar may enter into a Recognizance for the said Appellant, as desired.

Tabuteau and Murat, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Auguste Tabuteau and Joseph Murat."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Camp et al. Petition to be added to it, referred to Committee.

Ordered, That the Petition of Philip David Camp, John Boissier, and Gaspard Sellon, praying to be added to the said Bill, which was ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee; and that their Lordships be empowered to admit the Petitioners into the said Bill accordingly, if they think fit.

Du Cavel et al. Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Jeanne Coltee Du Carel, Charles Joseph Guillaumot de la Bergerie, and John Martin Stehelin."

King's Speech considered:

The House (according to Order) proceeded to take into further Consideration His Majesty's most Gracious Speech from the Throne.

And a Motion being made, "That an humble Address be presented to His Majesty, humbly to desire, that His Majesty will be graciously pleased to give Orders; that the Instructions given by His Majesty to the Lord Carteret, as Minister or Plenipotentiary to the Crown of Sweden, or any other of the Northern Crowns, may be laid before this House."

After Debate;

Motion for an Address for Lord Carteret a Instructions, as Plenipotentiary in Sweden:

The Question was put, "That an humble Address be presented to His Majesty, humbly to desire that His Majesty will be graciously pleased to give Orders, that the Instructions given by His Majesty to the Lord Carteret, as Minister or Plenipotentiary to the Crown of Sweden, or any other of the Northern Crowns, may be laid before this House?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

1. Because we apprehend this to be the First Instance to be found on our Journals, where Lords have moved for a Sight of Instructions of any Kind, and have not been supported by the House in that Motion; and though we wish it may be the last, yet have we just Reason to fear that such a Precedent, once made, will not fail of being followed in succeeding Times.

2. Because we do not apprehend how the calling for Instructions, after the Conclusion of the Treaty to which they relate, and the Intervention of a general Act of Pardon, can be hurtful either to the Public, or even to the Ministers transacting such Treaties: But the refusing to call for those Instructions may, in our Opinion, be a Matter of dangerous Consequence; in as much as it tends to discourage Inquiries of this Kind for the future, and by that means to embolden and screen guilty Ministers hereafter.

3. Because, though we acknowledge the Right of Peace and War to be in the Crown; yet we must be of Opinion, that this House hath also a Right to inquire into the Transactions of Ministers employed under the Crown, and to censure their Conduct, when Justice requires it; which cannot well be done, unless it be first known what sort of Instructions they received, and how far they have, or ought to have, complied with them. And this seems to us more particularly necessary, since the Act of Succession has declared, that this Kingdom shall not be engaged in a War on account of any of the King's Foreign Dominions. All Treaties, therefore, with the Princes in the North, should, above all other, be made in the plainest and most unexceptionable Terms; or, if the Way of wording such Treaties shall occasion any Doubt, no Method of clearing it should be neglected or avoided, that so this House and the whole Kingdom may be satissied that nothing has passed derogatory to that Act, which is the Basis on which our present happy Establishment is founded.

"W. Ebor.
Strafford.
Wharton.
Scarsdale.
North & Grey.
Aylesford.
Bristol.
Guilford.
Aberdeen.
Cowper. Uxbridge.
Bathurst.
Boyle.
Fra. Roffen.
Bingley."

King's Speech to be further considered.

Ordered, That this House will, upon Monday next, take into further Consideration His Majesty's most Gracious Speech from the Throne; and the Lords to be summoned.

Whereas Friday next is appointed, for taking into Consideration the Causes of contracting so large a Navy Debt:

It is Ordered, That the Lords be summoned then to attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris, 17^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax Bill.

A Message from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-two;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord William Pawlet and others:

With a Bill, intituled, "An Act for naturalizing Benedictus Detelef Von Thienen;" to which they desire the Concurrence of this House.

Yale versus Regem:

Upon reading the Petition of Edward Pauncfort Esquire, on a Writ of Error depending in this House, wherein Katherine Yale, Widow and Administratrix of Elihu Yale Esquire, lately deceased, is Plaintiff, and the King Defendant; praying, "That a Day may be appointed, for arguing the Errors assigned in this Cause; and that the said Writ of Error and Record of the Judgement may be remitted into His Majesty's Court of Exchequer, to the End Execution may be had thereupon:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Friday the First Day of December next, at Eleven a Clock.

Navy Debt considered.

The Order of the Day, for taking into Consideration the Causes of contracting so large a Navy Debt, being read:

Ordered, That the House be put into a Committee of the whole House, to take into Consideration the Causes of contracting the said Debt.

Ordered, That the several Papers now before this House, relating to the Affairs of the Navy, be referred to the said Committee.

Then the House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had made some Progress in the Matters to them referred, and desired Leave to sit again."

Ordered, That the House be put into a Committee again on Wednesday next, to take into further Consideration the Causes of contracting so large a Navy Debt.

Orders for Papers.

Ordered, That the Commissioners of His Majesty's Treasury do lay before this House, an Accompt of what South Sea Stock was created in the Year 1711, and the Distribution thereof.

Ordered, That the Commissioners of the Navy do lay before this House, an Estimate of the Debt of the Navy, as it stood the Thirtieth of September 1711.

Also, an Estimate of the Debt of the Navy, as it stood at Christmas 1714.

Also, an Estimate of the Debt of the Navy, as it stood at Christmas 1717.

An Accompt of what South Sea Stock lay in the Hands of the Treasurer of the Navy, on the Second of August 1714, or any other Money applicable to the Uses of the Navy; and to what Uses the same were applicable, and how applied; and the like Accompt to be carried on from the Second of August 1714, to Coristmas following.

Also, an Accompt of what Money has been given for the Extra Repairs of the Navy, in the Reign of the late Queen, and during His present Majesty's Reign; distinguishing in the said Accompt what Sums have been given in each respective Year, and to what Uses applied.

And, an Accompt of what Sums of Money have been paid, or are due, on Account of the Premiums on Naval Stores, and upon Accompt of Interest on Navy Bills, since the Year 1711; distinguishing the several Years.

Ordered, That Sir Thomas Colby Knight, Thomas Swanton, Jacob Acworth, Tempest Holmes, Richard Burton, John Fawler, and William Clevland, Esquires, who signed a Paper formerly delivered into this House, dated 26th April 1721, intituled, "An Accompt of what Money remained, on the Thirty-first of December 1714, to come in from the Exchequer, of what had been given by Parliament for the Navy, for the Years thereunder mentioned," do attend this House on Wednesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Lunæ, 20^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Battely versus Sutton and Paman.

This Day the Answer of Thomas Paman an Infant (by Anne Paman his Guardian), One of the Respondents to the Petition and Appeal of Thomas Folkes and Charles Battely Esquires, Appellants, as Relators to the Attorney General, was brought in.

Countess of Lemster to be added to Du Carel's Nat. Bill.

A Petition of Sophia Charlotte Countess of Leinster in the Kingdom of Ireland; praying to be added to the Bill now depending, intituled, "An Act for naturalizing Jeanne Coltee Du Carel, Charles Joseph Guillaumot de la Bergerie, and John Martin Stehelin, was presented to the House, and read.

And ordered to lie on the Table till the said Bill be read a Second Time.

Countess of Leinster takes the Oaths.

The House being informed, "That the Countess of Leinster attended:"

Her Ladyship came to the Bar; and took the Oaths, appointed, in order to her Naturalization.

Steeple and Tyneham Churches to unite, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for uniting and consolidating the Parish Churches of Stypul, alias Steeple, and Tyneham, within the Isle of Purbeck, in the County of Dorset."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday the Twenty-seventh Day of this Instant November, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Du Carel et al. Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Jeanne Coltee Du Carel, Charles Joseph Guillaumot De la Bergerie, and John Martin Stehelin."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the same Place.

Countess of Leinster's Petition referred to the same Committee.

Ordered, That the Petition of Sophia Charlotte Countess of Leinster be referred to the said Committee; and that their Lordships be empowered to admit the Petitioner into the said Bill, according to the Prayer of the said Petition.

Von Thienen, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Benedictus Detelef Von Thienen."

King's Speech further considered.

The House (according to Order) proceeded to take into further Consideration His Majesty's most Gracious Speech from the Throne.

Motion for an Address for the Treaty of Commerce with Spain:

A Motion being made, "That an humble Address be presented to His Majesty, humbly to desire that His Majesty will be graciously pleased to give Orders, that the Treaty of Commerce, whereby the former Treaties of Commerce are renewed with Spain, may be laid before this House:"

After Debate;

The Question was put, "That an humble Address be presented to His Majesty, humbly to desire that His Majesty will be graciously pleased to give Orders, that the Treaty of Commerce, whereby the former Treaties of Commerce are renewed with Spain, may be laid before this House?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

Because, as we believe, the refusing to address for a Treaty, which has been concluded and ratisied so long since, is altogether unprecedented; and we conceive this Case of all others ought not to have been made a Precedent, where the Treaty desired to be called for hath been Twice mentioned from the Throne to both Houses of Parliament; and the last Time, in His Majesty's Speech at the Opening of this Session, expressly (as we cannot but apprehend) recommended to the Consideration of both Houses of Parliament.

W. Ebor.
Wharton.
North & Grey.
Strafford.
Guilford.
Aberdeen.
Cowper.
Aylesford.
Boyle.
Bristol.
Bingley.
Fra. Roffen.
Fran. Cestriens.
St. John de Bletshoe.
Bathurst."

King's Speech to be further considered.

Ordered, That this House will, on Tuesday the Twenty-eighth Day of this Instant November, take into further Consideration His Majesty's most Gracious Speech from the Throne; and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 22^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baroness of Schoulenbourg to be added to Thienen's Nat. Bill.

A Petition of Melusina Baroness of Schoulenbourg; praying to be added to the Bill, intituled, "An Act for naturalizing Benedictus Detelef Von Thienen," was presented to the House, and read.

And ordered to lie on the Table, till the said Bill be read a Second Time.

And the House being informed, "That the Petitioner attended:"

She was called in; and took the Oaths appointed, in order to her Naturalization.

Lady Wentworth et al. Petition referred to Judges.

Upon reading the Petition of the Lady Elizabeth Wentworth, in Behalf of her Son Sir Butler Cavendish Wentworth Baronet, a Minor under the Age of Thirteen Years, Susanna Wentworth Widow, Darcy Wentworth and Richard Wentworth Esquires; praying Leave to bring in a Bill, for vesting certain Lands, in the County of York, in Trustees, to be sold, towards raising a Portion of Ten Thousand Pounds, for Catherine the Wife of Hugh Cholmley of Whitby in the said County, Esquire, pursuant to the Marriage Articles of Sir John Wentworth Baronet, deceased:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Price; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Von Thienen, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Benedictus Detelef Von Thienen."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Bill for naturalizing Jeanne Coltee Du Carel and others stands referred.

Their Lordships, or any Five of them; to meet likewise on Friday next, at the same Time and Place.

Ordered, That the Petition of Melusina Baroness of Schoulenbourg be referred to the said Committee; and that their Lordships be empowered to admit the Petitioner into the said Bill, according to the Prayer of the said Petition.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-two."

Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next.

Papers, which were ordered, relative to the Navy Debt, delivered.

The House being informed, "That Mr. Frecker, from the Commissioners of the Treasury, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Order of Friday last,

"An Accompt of what South Sea Stock was created in the Year 1711, and the Distribution thereof."

And withdrew.

And the Title of the said Accompt was read.

The House being also informed, "That some of the Commissioners of the Navy attended:"

They were called in; and delivered, at the Bar, some Papers, pursuant to their Lordships Order of Friday last.

And withdrew.

The Titles of the said Papers were read, as follow; (videlicet,)

1. "An Estimate of the Debt of the Navy, as it stood the Thirtieth of September 1711."

2. "An Estimate of the Debt of the Navy, as it stood at Christmas 1714."

3. "An Estimate of the Debt of the Navy, as it stood at Christmas 1717."

Costigan versus Allen.

The House being moved, "That Thomas Cole Gentleman may be permitted to enter into a Recognizance for Daniel Costigan, Appellant in a Cause depending in this House, to which James Allen, as Administrator of John Hickie lately deceased, is Respondent; the Appellant residing in Ireland:"

It is Ordered, That the said Thomas Cole may enter into a Recognizance for the said Appellant, as desired.

Addison, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of George Addison Gentleman, on the Behalf of himself and John Addison Esquire his Elder Brother, a Lunatic, was referred; praying, "That a Bill, formerly depending, for Sale of the said Lunatic's Estate, may be brought in, and proceeded on; there having no Alteration since happened in the Nature or Circumstance of the Petitioner's Case:"

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Navy Debt to be considered.

The Order of the Day, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt, being read:

It is Ordered, That the House be put into a Committee thereupon on Monday next; and that the Papers this Day delivered, from the Treasury and Navy, be referred to the said Committee.

Orders for Papers, and for Persons to attend.

Ordered, That the Commissioners of the Navy do lay before this House a State of the Navy Debt, as it stood at Michaelmas last; expressing what was the gross Debt, and what was in the Hands of the Treasurer of the Navy towards Payment thereof, and what was unissued from the Exchequer.

Ordered, That Sir Thomas Colby Knight, Thomas Swanton, Jacob Acworth, Tempest Holmes, Richard Burton, John Fawler, and William Clevland, Esquires, who were ordered to attend this Day, do attend on Monday next.

Attorney General et al. versus Sutton and Paman.

The House being moved, on the Behalf of His Majesty's Attorney General, at the Relation of Thomas Folkes and Charles Battely Esquires, Appellants in a Cause depending in this House, to which John Sutton and Thomas Paman, an Infant, by Anne Paman his Guardian, are Respondents, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Fourth Day of December next, at Eleven a Clock.

Addison's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for selling the Estate of John Addison Esquire, a Lunatic, for Payment of his Debts."

Commerce with infected Countries, to prohibit, Bill.

A Message from the House of Commons, by Mr. Sandys and others:

With a Bill, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

And ordered to be read a Second Time on Friday next.

Minshul's Petition, concerning E. Bristol's Privilege.

Upon reading the Petition of Richard Minshull Esquire; praying, "That the Earl of Bristol may not be at Liberty to re-assume his Privilege, which (as is alledged in the said Petition) he had waived by Consent; but that the Petitioner may proceed to cause the Errors assigned by the said Earl, in Reversal of a Judgement obtained by the Petitioner, to be argued in the Court of King's Bench:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees for Privileges.

Newton et al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Mary Newton, Widow and Relict of John Newton Esquire, deceased, Elizabeth and Margaret Newton, Infants, Daughters and Coheirs of the said John Newton, by the said Mary their Mother and Guardian; as also of William Clobery and Samuel Wotton Esquires, Trustees named in the Marriage Settlement of the said John Newton, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Call of the House adjourned.

Ordered, That the Call of the House, which was appointed for To-morrow, be further adjourned till Thursday the Thirtieth Instant.

Newton's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Elizabeth and Margaret Newton, Infants, during their Minority (with Consent of Trustees), to grant and fill up Leases of Part of the Estate late of John Newton Esquire, their Father, deceased."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quartum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris, 24^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Du Carel et al. Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jeanne Coltee Du Carel, Charles Joseph Guillaumot De la Bergerie, and John Martin Stehelin," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Von Thienen, Nat Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Benedictus Detelef Von Thienen," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Tibuteau and Murat, Nat. Bill.

The Earl of Clarendon likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Augustc Tabuteau and Joseph Murat," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Bunbury et Ux. versus Bolton et al.

Whereas this Day was appointed, for hearing the Cause wherein Walter Bunbury and Dame Elizabeth Irwin his Wife are Appellants, and Thomas Bolton, Doctor John Bolton, Charles Bladen and Lettice his Wife, are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; and that the other Causes be removed One Cause-day in Course.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-two."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Bp. of Salisbury takes the Oaths.

This Day Richard Lord Bishop of Salisbury came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Commerce with intected Countries, to prohibit, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.

Ordered, That it be an Instruction to the said Committee, "That they do receive a Clause, for making the Act, intituled, "An Act for repealing an Act, made in the Ninth Year of the Reign of Her late Majesty Queen Anne, to oblige Ships coming from Places infected more effectually to perform their Quarentine; and for the better preventing the Plague being brought from Foreign Parts into Great Britain or Ireland, or the Isles of Guernsey, Jersey, Alderney, Sarke, or Man; and to hinder the spreading of Infection," to have the same Continuance with the Bill abovementioned."

Ordered, That it be an Instruction to the said Committee, "That they have Power to receive a Clause or Clauses, for altering, amending, or repealing, any Part of the beforementioned Act."

Von Thienen, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Benedictus Detelef Von Thienen."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Du Carel et al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Jeanne Coltee Du Carel, Charles Joseph Guillaumot De la Bergerie, and John Martin Stebelin."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Tabuteau and Murat, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Auguste Tabuteau and Joseph Murat."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Borret:

To acquaint them, that the Lords have agreed to the Three last mentioned Bills, with some Amendments; whereunto they desire their Concurrence.

Addison's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling the Estate of John Addison Esquire, a Lunatic, for Payment of his Debts."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday the Eleventh Day of December next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 27^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Coningesby's Privilege:

The Earl Coningesby acquainted the House, "That he had received Satisfaction, in relation to the Breach of Privilege committed by Jonas Cook, in pulling down Part of a Wall, which was a Fence to a Piece of Pasture Ground belonging to the said Earl;"

And the said Earl desiring he may be discharged:

Cook to be brought to the Bar.

It is thereupon Ordered, That the said Jonas Cook be brought to the Bar on Wednesday next, in order to his Discharge.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-two."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Kynaston:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Papers from Navy-office delivered.

The House being informed, "That some of the Commissioners of the Navy attended:"

They were called in; and delivered, at the Bar, several Papers, pursuant to their Lordships Orders of the Seventeenth and Two and Twentieth Instant.

And withdrew.

The Titles whereof were read, as follow; (videlicet,)

"1. An Accompt of the Money unissued from the Exchequer, of what was granted by Parliament for the Service of the Navy, for the Years within mentioned, amounting to £ 674,532. 11s. 9¾d.

"2. An Accompt of what Sums of Money have been paid, or are due, as Premiums for Naval Stores, on and since the Year 1711; distinguishing how much was paid or due each Year.

"3. An Accompt of what Money has been given for Extra Repairs of the Navy, in the Reign of His present Majesty; distinguishing the Sums given in each respective Year, and to what Uses applied.

"4. An Accompt of what Sums of Money have been paid, or are due, upon Accompt of Interest on Navy Bills, since the Year 1711; distinguishing how much was paid or due each Year."

"5. Estimate of the Debt of the Navy, as it stood the 30th of September 1721; with an Accompt of Money, Tallies, &c. then remaining in the Treasurer's Hands."

Papers referred to Committee.

Ordered, That the several Papers this Day delivered be referred to the Committee of the whole House appointed to take into further Consideration the Causes of contracting so large a Navy Debt.

Causes of Navy Debt considered.

Then the House (according to Order) was adjourned during Pleasure, and put into the said Committee.

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had made some further Progress in the Matters to them referred; and desired Leave to sit again."

Orders for Papers.

Ordered, That the House be put into a Committee again, on Saturday next, to take into Consideration the Causes of contracting so large a Navy Debt.

Ordered, That the Commissioners of the Navy do lay before this House, an Account of what were the Numbers of Men borne and mustered in each Year, on board His Majesty's Ships of War, or other Vessels in the Public Service, since the 31th of December 1717, to Michaelmas last.

Also, an Accompt of the Increase of the Debt of the Navy, from the Year 1710, to the Year 1721; together with the Increase of the Debt of the Navy in each of the said Years, som the Year 1710, to the Year 1721.

And also, an Account of what Ships Companies have been kept in Sea Pay since Michaelmas 1717, while the Ships were laid up during the Winter, or for any considerable Repair.

Steeple and Tyneham Churches, to unite, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for uniting and consoldating the Parish Churches of Stypul, alias Steeple, and Tyncham, within the Isle of Purbeck, in the County of Dorset," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Hamilton & al. to enclose Glastonbury Commons, Leave for a Bill.

Upon reading the Petition of the Honourable George Hamilton Esquire, William Peirs Esquire, and others; praying Leave to bring in a Bill, to enable the Petitioners, and the other Proprietors, to enclose and make Partition of certain Commons, called The Common Moore, Blackacre, and South Moore, alias Aldersmoore, lying in or near the Parish of St. John Baptist, in Glastonbury, in the County of Somerset:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Kings Speech to be further considered.

Ordered, That this House will, on Tuesday the Fifth Day of December next, take into further Consideration His Majesty's most Gracious Speech from the Throne.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 29^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Coningesby, Privilege Cook discharged.

This Day Jonas Cook, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in pulling down Part of a Wall, which was a Fence to a Piece of Pasture Ground, belonging to Thomos Earl Coningesby, was (according to Order) brought to the Bar; where he, on his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged, paying his Fees.

Bunbury & Ux. versus Bolton & al.:

After hearing Counsel, upon the Petition and Appeal of Walter Bunbury of the City of Dublin Esquire, and Dame Elizabeth Irwin his Wife, complaining of a Decree of the High Court of Chancery in Ireland, on the One and Twentieth of November 1716, in a Cause wherein the said Dame Elizabeth Irwin was Plaintiff, and Alderman Thomas Bolton, Doctor John Bolton, Charles Bladen and Lettice his Wife, were Defendants; and praying, "That the same may be altered and amended:" As also upon the several Answers of the said Thomas Bolton, Doctor John Bolton, Charles Bladen and Lettice his Wife, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of Forty Pounds, for their Costs in respect of the said Appeal.

Sir Ralph Milbanke & al. Petition referred to Judges.

Upon reading the Petition of Sir Ralph Milbanke Baronet, Aclomb Milbanke Esquire, Cuthbert Routh Esquire and Judith his Wife, John Milbanke Esquire and Dorothy his Wife; praying Leave to bring in a Bill, for Sale of Part of the Petitioners Estate, in the Counties of Yorke, Durham, and Northumberland, and Town and County of Newcastle upon Tine, for discharging Incumbrances affecting the same, pursuant to an Agreement and a Decree in Chancery, in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Justice Fortescue; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Jovis, 30^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with a Bill; and to return Von Thienen's and Ducarell & al. Nat. Bills.

A Message from the House of Commons, by the Lord William Pawlett and others:

To return the Bill, intituled, "An Act for naturalizing Benedictus Detelef Von Thienen;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

A Message from the House of Commons, by Mr. Treby and others:

With a Bill, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by the Lord William Pawlett and others:

To return the Bill, intituled, "An Act for natura lizing Jeanne Coltee Du Carel, Charles Joseph Guillaumot De la Bergerie, and John Martin Stchelm;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Lords to be summoned, on Navy Debt.

Whereas Saturday next is appointed, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt:

It is Ordered, That the Lords be summoned then to attend.

Lords to be summoned, on King's Speech.

Whereas Tuesday next is appointed, to take into further Consideration His Majesty's most Gracious Speech from the Throne:

It is Ordered, That the Lords be summoned then to attend.

Yale versus Regem, in Error.

Upon reading the Petition of Edward Pauncfort Esquire; setting forth, "That Monday next is appointed for hearing the Errors argued, upon the Writ of Error depending in this House, upon the Affirmance of a Judgement given in the Court of Exchequer, wherein Katherine Yale, Widow and Administratrix of Elihu Yale her late Husband, deceased, is Plaintiff, and the King Defendant; and praying, "In regard there are some special Matters in Law contained in the said Judgement, that the Two Lord Chief Justices and the Barons of the Court of Exchequer may then attend:"

Judges to attend.

It is Ordered, That the Two Lord Chief Justices, or some other of the Judges of the Courts of King's Bench and Common Pleas, and the Barons of the Court of Exchequer, do then attend.

Mutiny Bill.

The House being moved, "That the Bill, intituled, An Act for the punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," be read the First Time on Saturday next;"

And the same being objected to:

It was proposed, "That the said Bill be read the First Time presently."

And a Question being stated on the said Motion:

After Debate;

The previous Question was put, "Whether the said Question shall be now put?"

It was Resolved in the Negative.

Then the said Bill was read the First Time; and ordered to be read a Second Time on Saturday the Ninth Day of December next.

Accounts of Number of Troops, &c. to be delivered.

Ordered, That the Secretary at War do lay before this House, an Account of the Number of Troops now in Pay in Great Britain; expressing the several Regiments, Troops, and Companies, in each Regiment; distinguishing the Horse, Foot, and Dragoons, and the Numbers of Officers and Private Soldiers in each.

Also, a List of the Officers of the Army now in Half Pay, and Lists of the Officers which were in Half Pay in the Year 1715, and the several succeeding Years; and likewise an Account of such of them as have been advanced to fill up Vacancies which have happened in the Army; with an Account of such as have been advanced to Posts in the Army as they became vacant, during that Time, who were not before in Half Pay.

And also, an attested Copy of the Articles of War intended to be established for the Year next, coming.

Building Ships of Force for Foreigners, to be considered.

Ordered, That this House will, on Thursday next, take into Consideration the building Ships of Force for Foreigners; and the Judges to attend.

Commerce with infected Countries, to prohibit, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague:"

It is Ordered, That the House be put into a Committee thereupon on Wednesday next; and that the Cause appointed for that Day be heard on the Friday following.

Balhatchett and Hughes versus Attoney General:

Upon reading the Petition of Francis Manaton Esquire; setting forth, "That Richard Balhatchett and Edw'd Hughes, the First Day of the Session, presented their Appeal to this House, from a Decree of the Court of Exchequer, and made His Majesty's Attorney General the only Respondent, though the Petitioner is the Person concerned in Interest in the Matter in Question: That, on the Thirty-first of October last, the said Appellants obtained an Order to amend the said Appeal, which they have neglected to do, purely, as the Petitioner conceives, to delay bringing the said Cause on to a Hearing;" and praying, "That the said Appellants may be required to amend the same within a Time to be limited for that Purpose; or, in Default thereof, that the said Appeal may stand dismissed:"

And thereupon the Petition of the said Appellants for amending the same, and the Order made thereon, being read:

Appeal dismissed.

It is Ordered and Declared by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Richard Balhatchett and Edward Hughes be, and is hereby, dismissed this House; but without Prejudice to the Appellants presenting any new Appeal hereafter, as they shall be advised.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem instantis Decembris jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.